Forgery of documents involves reproducing or altering documents with the intention of presenting them as authentic. This offense often occurs in cases of fraud and deceit.
Definition of Forgery of Documents
According to Article 225 of the Criminal Code, there are two categories:
- Paragraph 1 - Altering or falsifying an existing document
- Paragraph 2 - Knowingly using a falsified document
Conditions for Criminal Liability
To be punishable, the following criteria must be met:
- The document must be intended as evidence
- It must be substantively incorrect or falsified
- There must be intent to present it as genuine
- There must be potential harm to another
Practical Examples
- Reproducing a signature
- Falsifying a certificate or diploma
- Creating incorrect invoices
- Backdating an employment contract
- Adjusting financial statements
Penalties
The maximum penalty for forgery of documents is 6 years' imprisonment. For official documents such as notarial deeds, this can increase to 7 years.
Link with Other Offenses
This offense is often combined with other violations such as fraud, tax evasion, or benefits fraud. False documents are then used to facilitate these crimes.
Burden of Proof
Evidence is usually obtained through forensic investigation, such as handwriting comparison, material analysis, or reading out digital data.
Frequently Asked Questions about Forgery of Documents in Leiden
When is forgery of documents punishable?
It is punishable if a document has been intentionally falsified or incorrectly prepared, intended to serve as authentic and potentially causing harm. This applies to documents such as agreements or official papers. Intent and harm are essential.
What distinguishes falsifying from using a false document?
Falsifying (Art. 225 para. 1 Criminal Code) is altering or creating an incorrect document oneself. Use (Art. 225 para. 2 Criminal Code) means deploying an already falsified document as genuine, for example in a job application.
Can I file a report if I have been harmed by forgery of documents?
Yes, you can file a police report in Leiden if you suspect someone has used a falsified document against you. Provide evidence such as documents or witnesses.
What happens if I unknowingly use a false document?
If you did not know the document was false, you are usually not criminally liable, as intent is absent. Civil consequences, such as compensation for damages, may still apply.
How is forgery of documents proven?
Evidence often comes from technical investigation, such as handwriting analysis, material tests, or digital traces. Experts and witnesses assist the court in establishing intent and harm.
Relevant Institutions in Leiden:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46